Definitions and Terminology
- President: President of the Republic of the Philippines.
- Secretary: Secretary of Justice.
- Commissioner: Commissioner of the Bureau of Immigration.
- Bureau: Bureau of Immigration.
- HDO: Hold Departure Order commanding the Commissioner to prevent travel abroad of specified individuals.
Grounds for Issuance and Implementation of HDOs
- Court-Issued HDOs
- Directed by Regional Trial Court (RTC) in criminal cases within jurisdiction.
- Lifted upon acquittal, dismissal, or order cancelling the HDO by the court.
- Presidential HDOs
- Issued under order/instruction of the President in interests of national security, public safety, or public health.
- Lifted upon presidential order to lift the HDO.
- Secretary of Justice HDOs
- Issued upon application of interested parties against: i. Accused persons released on bail; HDO lifted with court dismissal, acquittal, or permission to depart. ii. Fugitives from justice; HDO lifted if warrant recalled or case dismissed. iii. Aliens accused in criminal cases; lifted upon acquittal or dismissal. iv. Aliens respondents in deportation complaints; lifted upon dismissal of complaint. v. Aliens required as witnesses or parties in legal proceedings; lifted with court order allowing departure or dismissal.
- Applications must be written, under oath, signed by interested party, with subject's identification details and recent photo if available.
- Subject of HDO must be notified if postal address is known to allow filing of motion for reconsideration.
- HDOs Issued Upon Request of Government Officials or Bodies
- Request may come from heads of departments, constitutional bodies, commissions, judiciary, or legislative leaders.
- Grounds include national security, public safety, or public health.
- Must specify reason for issuance.
- Lifted upon court/official order dismissing case or allowing departure.
Duration and Review
- HDOs automatically terminate after five (5) years unless extended or terminated earlier by issuing authority.
- All existing HDOs prior to these rules are subject to automatic review by the Secretary of Justice.
- The Commissioner must submit all outstanding HDOs and documents to the Secretary's office.
Repeal and Supersession
- Existing rules inconsistent with these regulations, particularly those issued November 28, 1997, are repealed or superseded.
Effectivity
- Rules take effect fifteen (15) days after publication in a newspaper of general circulation.